---
kind: "section"
citation: "45 C.F.R. § 155.530"
title: "45"
number: "155.530"
heading: "Dismissals."
url: "https://uscodex.org/cfr/45/155.530"
---

# §155.530. Dismissals.

- (a) **Dismissal of appeal.** The appeals entity must dismiss an appeal if the appellant—
  - (1) Withdraws the appeal request in writing or by telephone, if the appeals entity is capable of accepting telephonic withdrawals.
    - (i) Accepting telephonic withdrawals means the appeals entity—
      - (A) Records in full the appellant's statement and telephonic signature made under penalty of perjury; and
      - (B) **Provides a written confirmation to the appellant documenting the telephonic interaction.**
    - (ii) [Reserved]
  - (2) Fails to appear at a scheduled hearing without good cause;
  - (3) Fails to submit a valid appeal request as specified in [§ 155.520(a)(4)](/cfr/45/155.520.md?p=a-4); or
  - (4) Dies while the appeal is pending, except if the executor, administrator, or other duly authorized representative of the estate requests to continue the appeal.
- (b) **Notice of dismissal to the appellant.** If an appeal is dismissed under [paragraph (a)](#a) of this section, the appeals entity must provide timely written notice to the appellant, including—
  - (1) The reason for dismissal;
  - (2) An explanation of the dismissal's effect on the appellant's eligibility; and
  - (3) An explanation of how the appellant may show good cause why the dismissal should be vacated in accordance with [paragraph (d)](#d) of this section.
- (c) **Notice of the dismissal to the Exchange, Medicaid, and CHIP.** If an appeal is dismissed under [paragraph (a)](#a) of this section, the appeals entity must provide timely notice to the Exchange, and to the agency administering Medicaid or CHIP, as applicable, including instruction regarding—
  - (1) The eligibility determination to implement; and
  - (2) Discontinuing eligibility provided under [§ 155.525](/cfr/45/155.525.md), if applicable.
- (d) **Vacating a dismissal.** The appeals entity must—
  - (1) Vacate a dismissal and proceed with the appeal if the appellant makes a written request within 30 days of the date of the notice of dismissal showing good cause why the dismissal should be vacated; and
  - (2) Provide timely written notice of the denial of a request to vacate a dismissal to the appellant, if the request is denied.

## Notes

### Amendments

[78 FR 54136, Aug. 30, 2013, as amended at 79 FR 30349, May 27, 2014; 81 FR 12344, Mar. 8, 2016]

### Source

Source: 78 FR 54136, Aug. 30, 2013, unless otherwise noted.

### Authority

Authority: 42 U.S.C. 18021-18024, 18031-18033, 18041-18042, 18051, 18054, 18071, and 18081-18083.

### Source

Source: 77 FR 11718, Feb. 27, 2012, unless otherwise noted.

### Amendments

[78 FR 54136, Aug. 30, 2013, as amended at 79 FR 30349, May 27, 2014; 81 FR 12344, Mar. 8, 2016]